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How do I go about this

Illinois

I had an individual send me a check and I deposited it and it posted to my DDA same day for $18,900 and then we did the job… so paid guys and for materials and so on. All together let’s say $11,000 was put out. 5 days later the money is taken from my account and it was showing in there previously. I go to the bank right away and they tell me that there is nothing they can do cause that check was written from a closed business account and Then got a copy of the check in the mail So I immediately filed a 10 day intent to lie. But that really hammered us and I feel like I’m getting jerked around here and then the lady that the check came from calls after she received the letter and she says that’s a fraudulent charge with a stolen check and idk what to believe and I certainly don’t want to go after someone if they are going through the same thing as me. On top of all that we’re doing a merger with a historical roofing company and now we look like a couple idiots I’m sure. I just thought as soon as it was deposited and funds hit the account it was good to go

4 replies

Jan 10, 2022
Is this in Illinois?
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Jan 18, 2022

yes sir, this is in Illinois.

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Jan 19, 2022
Under the Illinois Deceptive Business Practices Act, it is a Felony to write a check on a closed account. You need to send a letter to the individual who signed the check under the Statute and give them 30 days to pay in full. If they do not pay within said 30 days, you can file a lawsuit seeking 3 x the amount of the check plus interest and attorney’s fees. Strict compliance with the statute and notice is necessary to preserve those rights. You can also record a mechanics lien against title to the property and file a lawsuit to foreclose said lien. Also with that process, you must strictly comply with the Illinois Mechanic’s Lien Act to preserve your rights to enforce a mechanics lien. The notices differ depending on the type of property (residential v commercial) and who you contracted with (an owner or general contractor). I would strongly recommend you hire an Illinois attorney to handle this matter and not navigate these issues yourself. The dollar amount might not make sense to hire our firm but I am sure you can find someone. If you want to speak further, let me know. I hope this helps.
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Jan 20, 2022

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